Terms and Conditions
EFFECTIVE DATE: May 01, 2009
MEMBERSHIP AGREEMENT
1. LEGAL AGREEMENT.
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, OUR PRIVACT POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF OUR SITE OR PRODUCTS OFFERED.
2. MANDATORY ARBITRATION.
As a member of our site, You understand and agree that all claims, disputes, or controversies between You and 3turtles, ECNresearch including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and the issue of arbitration, shall be resolved by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from this Agreement, by one or more arbitrators appointed in accordance with the said rules at a location determined by the arbitrator(s). Any controversy concerning whether a dispute can be arbitrated shall be determined by the arbitrator(s) and not by the court. Judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement, and proceedings there under shall be governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1-16 ("FFA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each party voluntarily and knowingly waives any right they have to a jury trial.
3. USER AGREEMENT.
By using this Site, you agree to be bound by, and to comply with, these Membership Terms and Conditions, the posted PRIVACY POLICY, as well as any guidelines or rules posted on the site. As such, the privacy policy, guidelines and rules are hereby incorporated by reference into these Terms and Conditions as though fully set forth herein. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the site, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.
4. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms and Conditions, privacy policy, rules and guidelines which appear on this site at any time for any reason which change, modification or alteration is effective upon posting on the site without further notice to you. It is your responsibility to review the Terms and Conditions, privacy policy, acceptable use policy, rules and guidelines for changes periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.
5. TERM AND TERMINATION.
3turtles ECN research at its sole discretion and for any reason or no reason at all may terminate any Members without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of ECN Research LLC ; (c) acting against the business interests or reputation of ECN Research LLC; (d) otherwise acting unlawfully in relationship to ECN Research LLC, the 3turtles.com website or the ECN Research LLC Service; (e) breach of our Spamming Policy; or (h) any other reason at the discretion of ECN research
6. ELIGIBILITY & RULES OF MEMBERSHIP.
A. Program Eligibility. To be eligible to become a Member of this site, you must: (i) be an individual at least 18 years of age and reside in the United States; Corporate or other business entities are not eligible to become Members; (ii) have an active email address; (iii) be the only account in your household; Using multiple email or physical addresses will result in termination of the accounts. (iv) provide valid contact information including name, postal address, phone number and email address. Members are responsible to promptly update such information should it change. ECN Research reserves the right to request verification of, and member agrees to be subject to verification of, any of the information provided by member for enrollment with and continued use of the services provided by ECN Research . You may not impersonate or misrepresent your identity. ECN Research reserves the right to terminate any account, and associated membership, containing untruthful information. ECN Research is not responsible for lost payments or communications due to your failure to provide ECN Research with valid contact information as reasonably necessary; (v) use the membership solely for your own enjoyment and not on behalf of or for the benefit of any third parties. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN ACCOUNT TERMINATION AND FORFEITURE OF ANY ACCOUNT BALANCE ACCUMULATED.
b. Confidential Information. By using this site, you agree to be responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to be responsible for any and all activities that occur on your account. You must notify us immediately of any unauthorized use or security breach on your account. You agree that we will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. You further agree that We are not liable for any loss or damages caused by the disclosure of your password or user name.
D. Receipt of Promotions. By signing up for 3turtles.com , you are opting-in to receive 3turtles.com newsletters and other special offer emails from 3turtles, ECN research or any of its partner sites. If you do not wish to receive these emails, you may opt-out at any time, by updating your Account information. Once an update to opt-out has been made to 3turtles, a request will be sent to the emailing service and may take up to 48 hours to take effect. At this juncture, 3turtles, ECN research LLC is not responsible for failure of the emailing service to uphold your request, but will act accordingly to attempt to resolve all issues.
7. GIFT REDEMPTION STEPS:
Step 1: To redeem your gift, submit your email/shipping information.
Please make sure this information is up to date and accurate as this will expedite the redemption process. We automatically send you a Confirmation Email to you to verify that we have your correct email on file; please respond upon receipt.
Step 2: Participation in sponsor’s promotion is required to receive scratch card prizes.
8. THIRD PARTY MEMBERSHIP DISCLAIMER.
After completion of any of the advertiser offer(s) you have agreed to become a member of that website. You agree not to hold 3turtles. ECN research liable for any loss or damages of any kind incurred as a result of any such dealings with any advertiser listed on the site. In addition, by becoming a member of such advertiser's site, you agree to the terms and conditions of that website. You must contact that company directly if you wish to cancel such membership.
9. PROHIBITED USER CONDUCT.
A. You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the site or any linked site. You are prohibited from accessing or attempting to access private areas of the site or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
B. You are prohibited from using any data, content, and any information provided or used on the site, as well as your use of our site, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from making any attempt to earn or redeem rewards in a manner inconsistent with this Agreement. Member shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of 3turtles.com . Member shall not use robots or scripts with 3turtles.com .
C. No benefits are available to members for referrals of advertisers to 3turtles.com
10. RELATIONSHIP WITH MARKETING ADVERTISERS.
All sponsors listed on this site have not endorsed this promotion, nor are they affiliated or connected with this promotion in anyway. We are not affiliated with any of the listed products. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by us. Furthermore, participating advertisers are independent third parties and we are not acting as a principal, agent or broker with respect to any advertisers.
11. CREDIT CARD OFFERS AND FREE GIFTS.
A. If you scratch and win a prize on the 3turtles.com website and meet all the requirements provided in this Agreement You may earn gifts for fulfilling offers you are presented with.
B. There are conditions in order for 3turtles.com players to receive free gifts. 3turtles.com members must have cookies enabled. 3turtles.com players must access the sponsors site through 3turtles.com . These conditions are mandatory so that the sponsor will know that the 3turtles.com member used 3turtles.com to reach the sponsors site.
C. Free gifts awarded to 3turtles players are subject to changes for returns, cancellations, and other events. 3turtles can make these changes at its sole discretion.
D. 3turtles ECN Research LLC does not warranty, guarantee, or insure the quality of any product or service requested from one of the publisher advertised sponsors.
E. 3turtles ECN Research neither endorses the contents of advertisements or third parties Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
F. 3turtles, ECN research is not responsible for promotions or additional offers displayed on the Web sites of the advertised merchants.
12. GIFT REDEMPTION RULES AND POLICIES.
A. 3turtles.com reserves the right to change free gift requirements for any product offered within 3turtles at any time.
13. YOUR RELATIONSHIP WITH ADVERTISERS.
Your relationship with merchants or advertisers whom 3turtles.com delivers offers for, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold 3turtles.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Service.
14. DISCLAIMER OF WARRANTIES.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; and (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
15. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR PROMOTIONS AVAILABLE THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR MEMBERSHIP.
16. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. MONITORING SITE USAGE.
You agree that we may electronically monitor the site and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Site; or (iii) to protect our rights or the rights of the users, sponsors, providers, licensors, or merchants.
18. INDEMNITY.
By using the site you agree to indemnify us and hold us harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the site, or your use of the products and services contained thereon, or from any person's use of any ID, membership or password you maintain with any portion of the site, regardless of whether you authorized such use or not. By using the site, products or services, you are hereby agreeing to release us from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or our advertisers arising out of or in any way related to such disputes and/or to the products and services.
19. CHOICE OF LAW, VENUE AND JURISDICTION.
This site (excluding third party linked sites) is controlled by ECN RESEARCH LLC from its offices within the State of New York, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from New York, by accessing this site, both you and ECN Research agree that the statues and laws of New York shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and ECN Research LLC also agree that any legal proceedings shall be conducted in English. ECN Research LLC makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your state, or US Territory does not permit your participation in this Service, then you are responsible for complying with such laws and you agree to indemnify ECN Research LLC against any action you undertake to use this website. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
20. GENERAL.
A. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
C. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, ECN Research has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, ECN Research cannot guarantee the security of any information that you transmit to us or from our sponsors and You do so at Your own risk.
D. Inaccuracies/Typos/Hacking. ECN Research will not be held liable for typos or misstatements contained within the 3turtles.com site. Additionally, ECN research is not responsible for misrepresentation of gift incentives available due to illegal interference with 3turtles.com . We reserve the right to rectify any typos, errors and descriptions as needed to affirm accurate information. Under no circumstances will ECN research be held liable for misquoted content. ECN research does not award gift incentives with a value that is greater than $500.00. If there is a gift incentive valued at more than $500.00 that appears in affiliation with 3turtles.com , it is the result of unauthorized hacking or tampering with the site or an error. ECN Research reserves the right to remove any and all reference made to that gift incentive and will thus select another gift incentive valued at $500 in its place.
E. This Agreement constitutes the entire Agreement between You and ECN Reseach in connection with general membership in 3turtles.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.
3turtles ™. All rights reserved. 3turtles.com is an independent rewards program and holds no affiliation with any of the listed products or their companies.